Texas Education Code Chapter 37 addresses student discipline, behavior management, and school safety. It provides procedures for maintaining order and respect in educational settings, ensuring equitable treatment for all students.
1.1 Overview of Chapter 37
Texas Education Code Chapter 37 governs student discipline, behavior management, and school safety. It establishes frameworks for addressing misconduct, ensuring schools maintain orderly environments conducive to learning. The chapter outlines procedures for disciplinary actions, including removal from classrooms, placements in alternative education programs, and expulsions. It emphasizes fairness, equity, and adherence to legal standards, balancing accountability with support for students. Chapter 37 also addresses collaboration between schools and law enforcement, handling crises, and safeguarding student rights. By providing clear guidelines, it helps schools foster safe, respectful, and inclusive settings while upholding educational goals. This chapter is essential for educators, administrators, and parents seeking to understand Texas’ approach to discipline and student well-being. Its provisions aim to protect both students and staff, ensuring a structured and secure academic environment. Proper implementation of Chapter 37 is critical for maintaining effective school operations statewide.
1.2 Importance of Understanding the Code
Understanding Texas Education Code Chapter 37 is crucial for educators, administrators, and parents. It ensures compliance with legal requirements, promoting fairness and consistency in discipline. The code protects student rights while maintaining school safety and order. By familiarizing themselves with Chapter 37, stakeholders can address misconduct effectively, implement appropriate interventions, and foster a positive learning environment. Compliance prevents legal issues and ensures equitable treatment of all students. Knowledge of the code supports creating supportive school climates, balancing accountability with student needs. It is essential for developing policies aligned with state laws and best practices in education. Understanding Chapter 37 empowers schools to manage discipline proactively, ensuring a safe and productive academic setting for everyone. This knowledge is vital for upholding the integrity of the educational system in Texas. Proper interpretation and application of the code are key to achieving its intended goals.
1.3 Scope and Application
Texas Education Code Chapter 37 applies to all public schools and certain charter schools, ensuring consistent disciplinary standards statewide. Its provisions govern both on-campus and off-campus misconduct, providing clear guidelines for addressing student behavior. The code emphasizes fairness, equity, and transparency in disciplinary actions, protecting students’ rights while maintaining school safety. It applies to all students, regardless of their background or circumstances, and outlines specific procedures for handling various infractions. The scope includes rules for alternative education programs, emergency responses, and cooperation with law enforcement. By establishing uniform practices, Chapter 37 helps schools create structured environments that support academic success and student well-being. Its application ensures that disciplinary actions are proportionate to offenses and that students receive due process. This comprehensive approach fosters accountability and respect within Texas schools, aligning with the state’s educational goals.
Subchapter A: Alternative Settings for Behavior Management
Subchapter A outlines alternative education settings like DAEPs and JJAEPs, focusing on behavior management through structured programs and interventions to support student accountability and growth.
2.1 Disciplinary Alternative Education Programs (DAEPs)
Disciplinary Alternative Education Programs (DAEPs) are structured settings for students requiring intensive behavior intervention. These programs focus on addressing misconduct while providing academic support. DAEPs are designed to help students reflect on their actions, develop self-discipline, and improve academic performance. The Texas Education Code outlines specific procedures for DAEP placements, including parent notification and due process rights. Students placed in DAEPs may remain for a specified period, depending on the severity of the offense and progress made. The programs emphasize a structured environment, counseling, and behavioral interventions to ensure students can transition back to regular classrooms. DAEPs play a critical role in maintaining school safety while offering students an opportunity for growth and accountability.
2.2 Juvenile Justice Alternative Education Programs (JJAEPs)
Juvenile Justice Alternative Education Programs (JJAEPs) are specialized educational settings for students under the jurisdiction of juvenile justice systems. These programs serve students who have been referred due to delinquent behavior or court involvement. JJAEPs provide a structured environment combining education and rehabilitation, focusing on academic instruction, behavioral intervention, and life skills development. The Texas Education Code mandates collaboration between schools and juvenile justice entities to ensure continuity of education and support services. Students in JJAEPs are entitled to due process protections, including notice and an opportunity to contest their placement. The programs aim to reduce recidivism by addressing the root causes of delinquency and preparing students for reintegration into regular educational settings. JJAEPs emphasize a holistic approach to education and rehabilitation, ensuring students receive the support needed for long-term success.
2.3 Use of Time-Out and Seclusion
The Texas Education Code Chapter 37 regulates the use of time-out and seclusion in schools as behavior management techniques. Time-out separates students from others temporarily to regain self-control, while seclusion confines a student alone in a space to ensure safety. The code specifies that seclusion rooms must meet size and safety standards, prohibiting rooms designed solely for seclusion or smaller than 50 square feet. Both practices require parental notification and documentation, ensuring transparency and accountability. Schools must also consider alternative strategies before employing these measures, prioritizing student well-being and safety. These regulations aim to balance discipline with student rights, ensuring that such interventions are used judiciously and in compliance with legal standards. Proper training for staff and clear guidelines are essential to implement these practices effectively and ethically within educational settings.
Subchapter B: Student Code of Conduct
This subchapter establishes guidelines for developing and implementing student codes of conduct, ensuring consistency and fairness in disciplinary practices across Texas schools.
3.1 State Requirements for Student Codes of Conduct
The Texas Education Code requires school districts to adopt a student code of conduct that aligns with state laws and district policies. The code must outline expectations for student behavior, procedures for addressing misconduct, and consequences for violations. It should also define circumstances under which students may be removed from the classroom, placed in alternative education programs, or expelled. Additionally, the code must include provisions for ensuring fairness, equity, and due process in disciplinary actions. Districts are mandated to involve stakeholders, including parents and educators, in the development process. The code must be posted publicly and updated annually to reflect changes in laws or district policies. Compliance with these requirements ensures consistency and transparency in managing student behavior across Texas schools.
3.2 Mandatory and Discretionary Discipline
Texas Education Code Chapter 37 distinguishes between mandatory and discretionary discipline. Mandatory discipline refers to actions required by law, such as expulsion for certain felony-level offenses or weapons possession. Discretionary discipline allows school officials to address misconduct based on specific circumstances, ensuring flexibility in responding to student behavior. The code emphasizes fairness and equity, requiring schools to consider the severity of the offense, the student’s disciplinary history, and other relevant factors. This dual approach ensures that disciplinary actions are proportionate and tailored to individual situations, balancing accountability with support for student growth and safety. The code also mandates documentation and parental notification for both types of disciplinary actions, ensuring transparency and accountability in the process.
3.3 Development and Implementation of the Code
The development and implementation of the Texas Education Code Chapter 37 involve a structured process to ensure compliance and effectiveness. School districts are required to adopt a student code of conduct with input from a district-level committee, as outlined in Subchapter F of Chapter 11. The code must be posted prominently at each campus or made available for review at the principal’s office. Annual reviews and updates are mandated to reflect legal changes and district needs. Districts must also provide parents with notice and information regarding the code of conduct. The implementation process emphasizes equity, ensuring that disciplinary actions are applied fairly and consistently. Training for educators and staff is often recommended to align practices with legal requirements. This collaborative approach ensures that the code is both enforceable and adaptable to the unique needs of each school community.
Subchapter C: Law and Order
Subchapter C focuses on maintaining law and order in schools, detailing roles of peace officers and security personnel. It includes Section 37.081, outlining responsibilities of school district peace officers and security personnel, and Section 37.0811, which addresses cooperation with law enforcement agencies. The subchapter also covers handling sexual assault cases, ensuring schools collaborate with law enforcement to investigate and respond to such incidents. Additionally, it emphasizes the importance of school safety audits and multihazard emergency operations plans to protect students and staff. This section ensures schools are equipped to handle legal and safety challenges effectively while maintaining a secure learning environment.
4.1 School District Peace Officers and Security Personnel
School district peace officers and security personnel play a critical role in maintaining safety and order within Texas schools. Under Section 37.081 of the Texas Education Code, these individuals are authorized to enforce laws and maintain discipline on school premises. Peace officers have the authority to make arrests and are granted access to student records under specific circumstances. Security personnel, while not sworn officers, assist in monitoring school activities to prevent misconduct. Both roles emphasize collaboration with school administrators to address disciplinary issues effectively. Their presence ensures a secure environment, allowing students and staff to focus on education without disruption. This section highlights the importance of trained personnel in safeguarding schools and upholding legal standards for student behavior and campus security.
4.2 Cooperation with Law Enforcement Agencies
Cooperation with law enforcement agencies is essential for maintaining school safety and addressing criminal activity on campus. Under the Texas Education Code Chapter 37, schools are required to collaborate with local law enforcement to prevent and respond to incidents. This includes sharing information and coordinating efforts to investigate and manage cases involving students or staff. Section 37.0811 highlights the importance of this partnership in handling offenses such as sexual assault, which require immediate legal action. Schools must also comply with legal requirements for reporting certain offenses to law enforcement. This cooperation ensures that disciplinary actions align with legal standards and that schools maintain a safe and secure environment for all students and staff. By working together, schools and law enforcement can effectively address challenges and promote a positive educational setting. This collaborative approach is vital for upholding the law and protecting the school community.
4.3 Handling Sexual Assault Cases
Texas Education Code Chapter 37 outlines specific procedures for handling sexual assault cases in schools. Schools must promptly report such incidents to law enforcement and ensure victims receive support. The code mandates that school districts cooperate with investigations and provide necessary resources to affected students. Confidentiality and legal protections are emphasized to safeguard all parties involved. This ensures a fair and thorough process while maintaining a safe educational environment. The code also requires training for staff to identify and respond appropriately to sexual assault cases, fostering a culture of prevention and support. These measures aim to protect students’ rights and well-being, ensuring that incidents are handled with the utmost care and legal compliance; By adhering to these guidelines, schools can address sexual assault cases effectively and compassionately.
Subchapter D: Disciplinary Actions and Procedures
Subchapter D details procedures for disciplinary actions, including removal from classrooms, expulsions, and placements in alternative settings, ensuring compliance with legal frameworks and due process requirements.
5.1 Removal from the Regular Classroom
Removal from the regular classroom is a disciplinary action outlined in Chapter 37, allowing schools to address misconduct. The student code of conduct specifies circumstances for removal, ensuring fairness and consistency. Schools must follow procedural safeguards, including parental notification and the opportunity for the student to respond. Removal can be temporary or lead to further disciplinary actions like placement in a DAEP. The code emphasizes equitable treatment, prohibiting discrimination based on race, gender, or disability. Students with disabilities are protected under additional provisions to ensure compliance with federal and state laws. The process must balance disciplinary needs with educational continuity, ensuring students receive appropriate support during their removal. This section underscores the importance of clear policies and due process in maintaining a safe and orderly learning environment.
5.2 Expulsion Procedures and Due Process
Expulsion is the most severe disciplinary action under Chapter 37, involving a student’s permanent removal from their current school. The process is strictly regulated to ensure fairness and transparency. Schools must provide written notice to parents and the student, detailing the reasons for expulsion and the evidence supporting it. A formal hearing is required, allowing the student and parents to present their case, cross-examine witnesses, and review evidence. The hearing officer must issue a written decision, which may be appealed to the board of trustees. Expulsion is typically reserved for serious offenses, such as assaults, drug possession, or firearm-related incidents. Students younger than 10 years old may not be expelled unless they bring a firearm to school. If expulsion is upheld, the student must be placed in an alternative education program to continue their education.
5.3 Placement in Alternative Education Settings
Placement in alternative education settings is a disciplinary action under Chapter 37, ensuring students who violate the code of conduct receive continued education in a non-traditional environment. These settings include Disciplinary Alternative Education Programs (DAEPs) and Juvenile Justice Alternative Education Programs (JJAEPs). DAEPs are designed for students removed from the regular classroom due to violations, such as mandatory or discretionary offenses. JJAEPs specifically serve students under the jurisdiction of juvenile justice authorities. Before placement, schools must follow due process, including parental notification and a formal hearing. Students in alternative settings must have access to academic and behavioral support to facilitate their return to a regular classroom. The placement is temporary, with periodic reviews to assess the student’s readiness for reintegration. This ensures educational continuity while addressing disciplinary needs.
Subchapter E: Placement and Review of Students
Subchapter E focuses on the placement and review of students, including those with disabilities and registered sex offenders, ensuring appropriate educational settings and transitions.
6.1 Placement of Students with Disabilities
The Texas Education Code Chapter 37 ensures that students with disabilities are placed in appropriate educational settings that meet their individual needs. The placement process involves the development of an Individualized Education Program (IEP) or an Admission, Review, and Dismissal (ARD) committee. These committees work to ensure that students receive a free and appropriate public education (FAPE) in the least restrictive environment (LRE). The code outlines specific procedures for evaluating and placing students with disabilities, including timelines and parental rights. It also requires annual reviews of placements to ensure continued appropriateness. Additionally, the code addresses the placement of students with disabilities in disciplinary alternative education programs (DAEPs) or juvenile justice alternative education programs (JJAEPs), ensuring that their rights under federal and state laws are protected. Proper documentation and compliance with legal standards are emphasized to safeguard the educational rights of these students. (Tex. Educ. Code § 37.008, § 37.009)
6.2 Placement of Registered Sex Offenders
Texas Education Code Chapter 37 regulates the placement of registered sex offenders in educational settings, ensuring the safety and well-being of all students. The code requires school districts to implement specific procedures for the placement of students who are registered sex offenders. These procedures must consider the nature of the offense, the student’s behavior, and the potential risk to other students. Registered sex offenders may be placed in alternative education programs or restricted from attending regular classrooms. The code also mandates that school districts review and update placements annually, taking into account any changes in the student’s status or behavior. Additionally, districts must comply with legal requirements to protect the rights of all students while maintaining a safe learning environment. (Tex. Educ. Code § 37.008, § 37.009)
6.3 Review and Transition Processes
Texas Education Code Chapter 37 outlines specific review and transition processes for students in alternative education settings. These processes ensure that placements are regularly assessed to determine if a student is ready to return to a regular classroom. School districts are required to conduct annual reviews of a student’s placement, taking into account their academic progress, behavior, and any other relevant factors. The transition process must include a detailed plan to support the student’s reintegration into the regular education environment. This plan should address academic, behavioral, and social needs to promote a smooth transition. Additionally, districts must collaborate with parents, educators, and other stakeholders to ensure the student’s successful reentry. The code emphasizes the importance of balancing educational continuity with the safety and well-being of all students and staff. (Tex. Educ. Code § 37.013, § 37.014)
Subchapter F: Miscellaneous Provisions
Subchapter F covers funding for alternative education services, parental notice requirements, and confidentiality protections. It ensures accountability, transparency, and legal compliance in disciplinary and educational processes.
7.1 Funding for Alternative Education Services
Funding for alternative education services under Chapter 37 ensures financial support for DAEPs and JJAEPs. Schools receive allocations based on student enrollment and program requirements, guaranteeing access to necessary resources. The state provides specific grants and funding formulas to cover operational costs, instructional materials, and staff salaries. Additionally, federal funds may supplement these programs, particularly for students with disabilities. Districts must adhere to budgetary guidelines and report expenditures to ensure transparency and compliance with state regulations. This funding structure aims to provide equitable educational opportunities for students in alternative settings, promoting their academic and behavioral success. Proper allocation of resources is crucial for maintaining effective discipline and education programs.
7.2 Parental Notice and Consent Requirements
Chapter 37 mandates that schools notify parents regarding specific disciplinary actions and alternative placements. Parents must be informed in writing when their child is placed in a DAEP or JJAEP. Consent is required for certain interventions, ensuring parental involvement in decisions affecting their child’s education. Schools must provide detailed explanations of the reasons for disciplinary actions and the rights of both students and parents. This includes information about due process hearings and appeal procedures. Additionally, parents have the right to access their child’s educational records and participate in meetings related to disciplinary actions. The code emphasizes transparency and collaboration between schools and families to support student well-being and academic success. Compliance with these requirements ensures that parents are actively engaged in their child’s educational journey, fostering a cooperative relationship between home and school.
7.3 Confidentiality and Liability Protections
Chapter 37 includes provisions to protect the confidentiality of student records and ensure liability protections for educators. Schools must maintain the privacy of student disciplinary records, only disclosing information as permitted by law. Liability protections are provided for school personnel acting in good faith while carrying out disciplinary procedures or reporting misconduct. This ensures educators can enforce policies without fear of legal repercussions. The code also safeguards against unauthorized disclosure of student information, balancing transparency with privacy rights. These protections aim to create a fair and secure environment for both students and staff, fostering accountability while respecting legal and ethical standards. By addressing confidentiality and liability, Chapter 37 supports the effective implementation of disciplinary measures and maintains trust within the educational system.
Subchapter G: School Safety and Security
Subchapter G focuses on maintaining safe and secure learning environments. It includes requirements for multihazard emergency plans, threat assessment teams, and best practices for emergency drills.
8.1 Multihazard Emergency Operations Plans
Texas Education Code Chapter 37 requires schools to develop and implement multihazard emergency operations plans to ensure preparedness for various potential threats. These plans must address natural disasters, violent incidents, and other crises, ensuring the safety of students, staff, and visitors. The plans should be comprehensive, regularly reviewed, and updated annually to reflect current risks and best practices. Schools are mandated to involve local law enforcement, fire departments, and emergency management officials in the planning process. Additionally, the plans must include procedures for evacuations, lockdowns, and communication protocols during emergencies. Training and drills are required to familiarize students and staff with the procedures. The Texas School Safety Center provides guidance and resources to assist districts in complying with these requirements, ensuring a coordinated and effective response to emergencies.
8.2 Threat Assessment and Prevention
Texas Education Code Chapter 37 emphasizes the importance of threat assessment and prevention in maintaining school safety. Schools are required to establish threat assessment teams to identify and manage potential risks. These teams evaluate behaviors, circumstances, and other factors that may indicate a threat of violence or harm. The process involves early identification of at-risk students and implementation of interventions to prevent escalation. Schools must ensure confidentiality and respect for student rights during assessments. Training for staff on recognizing warning signs and responding appropriately is mandated. The goal is to create a proactive approach to school safety, addressing potential threats before they arise while balancing student well-being and legal requirements. This section underscores the critical role of prevention in fostering a secure learning environment.
8.3 Best Practices for Emergency Drills
Texas Education Code Chapter 37 outlines best practices for conducting emergency drills to ensure student and staff safety. Schools must implement regular drills, including fire, lockdown, evacuation, and shelter-in-place exercises. These drills are required to be conducted at least once every six months for fire drills and twice annually for other safety scenarios. The code emphasizes the importance of involving local law enforcement and first responders in active shooter drills to enhance preparedness. Additionally, schools are mandated to document each drill, including the date, time, and participant feedback, to evaluate effectiveness. The goal is to create a culture of readiness and ensure all stakeholders are equipped to respond swiftly and appropriately during emergencies. These practices aim to minimize risks and protect lives while maintaining educational continuity.
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